|
Know what to do when Encountered by Police |
|
|
|
|
Sunday, 05 October 2008 |
|
“Stop right there.”; “Mind if we ask you a few questions?”; “Can we search you?”
These words might sound all too familiar. Whether at a tailgate or on a sidewalk on South Beach many of us have been stopped and questioned by the police. Detainments such as these have become commonplace and it is more important than ever to be aware of your legal rights. The ability of an officer to order a private, law abiding citizen to comply with non-intrusive commands relies largely on the danger level of the given situation. Absent a court-ordered warrant, the ability of police officers to search and seize people or their personal property in a non-dangerous situation is significantly limited. By remembering these helpful tips it will be easy to ensure that your constitutionally guaranteed rights are not trampled.
First of all, it is important to remember to be respectful, however, that does not mean that you must submit to the every request of the officer. Many people mistakenly believe that they must consent when asked to agree to a search. This is not true. It is important to clearly object whenever asked to consent to a search. An officer may lawfully stop, and briefly detain, a citizen to perform a quick frisk to check for weapons. However, they must have ‘reasonable suspicion’ to do so and may only search further, like in your pockets or in a bag, if they feel an object they believe to be a weapon. Objects, such as bottles, cans, or plastic bags, generally do not warrant a further search in a stop and frisk situation.
Furthermore, a citizen not under arrest is not required to cooperate with police questioning. A law abiding citizen may simply state that they do not wish to answer any questions and continue calmly about their business. However, fleeing erratically, especially in a high crime area, may cause police to make pursuit and can contribute to a lawful search or arrest. It is important to always remain calm in police confrontations, as any suspicious behavior can justify the officer to continue his investigation.
Be mindful that the police are largely afforded wide latitude in their ability to perform their duties. Failure to comply with a ‘reasonable’, lawful order, or interference with a lawful investigation, could lead to prosecution in many places. By carefully and respectfully asserting your legal rights you can successfully emerge from an encounter with the police unscathed.
DISCLAIMER
The views expressed in this article are not, nor intended to be construed as, legal advice. This article is intended to provide on general, non-specific legal information and are not intended to cover all issues related to the topic discussed. The specific facts of any legal matter may influence its outcome and you should consult with an attorney familiar with the issues and laws of your specific jurisdiction to obtain legal advice.
\Mi. Clemente\Villanova Law Student\
|
News 
